A Latin term, which literally means, to one who is willing, no harm is done. Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the states descent and distribution statutes. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. Chief Judge - Presiding or administrative judge in a court. Public delicts are those offenses which affect the entire community, and private delicts are directly injurious to a particular individual. Usually, a decision is vacated for any error, if it is substantial enough to affect the verdict. This crime involves speeches or publications, which may trigger public unrest and disrupts the operations of the government. Jurisdiction is usually composed of personal jurisdiction (authority over persons) and subject matter jurisdiction (authority over types of cases.). Its an evidence before trial, which is enough to prove the case unless theres significant contradictory evidence shown at the trial. Just Cause: Also known as good cause or lawful cause, it means a legally valid or sufficient cause to prove your claim. Such gifts are called deathbed gifts or gifts causa mortis, which are deemed to be effective only if the death of the person is imminent due to a known condition, and he/she dies as a result of this condition. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit. Devastavit: When a personal representative in accepting the office accepts the duties of the office, and becomes a trustee in the sense that he is personally liable for all the breaches of the ordinary trust, which in courts of equity are considered to arise from his office. Appearance (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. 2022 The convict is harshly punished under general child sexual abuse offenses, as it is not treated as a separate crime. Interlocutory - Provisional; not final. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Mortgage: Pledging a real property as a security for the repayment of the debt involving that property is called a mortgage. Vested - Fixed; accrued; settled; absolute. Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence. Fault: In the legal sense, fault mostly is synonymous to negligence. Jurisdiction: A valid legal authority to hear and give a judgment on a case. Debenture: Various forms of instruments are called debentures. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent. In family law, this term (also known as alimony or spousal support) is used to denote the financial assistance given by one spouse to another, in case of separation or divorce. Delict: Delicts are small offenses, where a person by fraud or deceit causes damage or tort to someone. If a person does an act voluntarily and intentionally, fully knowing the consequences, he is said to have the guilty knowledge, which has to be proved in some crimes. This amount is calculated when a claim is made by the true owner of the property to recover the profits made by the illegal tenant. Intestate: A person is deemed to die intestate when he dies without making a valid will. A person can be guilty of an unlawful act, if he is doing it with actual knowledge of the facts. he is not a natural guardian nor is he appointed by law. Privileged Will: Its a will valid despite the defect of form, made by mariners or soldiers. Preamble: The term is particularly applied to an introductory statement, a preliminary explanation of a statute or contract, which summarizes the intention of the legislature in passing the measure. Adversary System - The trial method used in the U.S. and some other countries. Elements of a Crime - Specific factors that define a crime and which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. Service is required, unless waived, for complaints, summonses, or subpoenas, to notify a person of a lawsuit or other legal action taken against him/her. Station House Bail: It is a type of bail, which is granted to those who are accused of misdemeanors (lesser criminal acts), and are permitted to pay at the police station itself, facilitating their release prior to appearing before a judge. It is as per the provisions in the constitution that the government is founded and the divisions of sovereign powers are regulated. Search manuals and training by topics such as DWI. Bequests: Gifts of personal property left by a last will or testament. Declaratory Judgment - A judgment of the court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement. Also, the process by which a judge is disqualified from a case because a party objects. Lien - A legal claim against another persons property as security for a debt. Exempt Property In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors. Nunc Pro Tunc - An entry made now for an act done previously and to have the effect as if it were done on a prior date. Issue - 1. Eminent Domain: Governments power of compulsory acquisition of private property for public use is called an eminent domain. Affidavit: A sworn statement in writing, confirmed on oath by the party who makes it, before someone who is officially entitled to administer oaths. This term refers to a notice sent to a judge or court official with a request to suspend the proceedings in a particular lawsuit, until the merits of the notice are determined or until the notifier is given an opportunity to be heard. Remainder: A legal term, which refers to a future interest, held by a person in a real property of another person. In Camera: When a legal trial is held before the judge in private chambers, where the public is not permitted to witness it, then it is called an in camera hearing. Request for Production - A formal court process by which one party requests that another produce certain documents or other tangible items. Charges (multiple) - A case with more than one count or offense listed on the court file. Inadmissible Evidence: Any testimony, documentary or tangible evidence that fails to meet the state rules, because it is considered unreliable to be taken into consideration as evidence. Constitution: This legal term refers to the fundamental law of a state or a nation. Grace Period: The period of time beyond a particular date, during which a debtor not paying his debt will not be charged a fee. The most common threat associated with blackmail is to release any information (usually true), which can be embarrassing, damaging or disgraceful to the victim. Under the protection of the bankruptcy court, debtors may be released (discharged) from their debts completely or allowed to repay them in whole or in part on a manageable schedule. If a person, even though he is a stranger, who is interested in the child and takes charge of the minor and his property, he is called a de facto guardian. Felony A crime that allows a defendant to be imprisoned for more than one year upon being found guilty. In such cases, the court issues an order, declaring that the couple is no longer living together, but the marriage bond is not dissolved. A person to whom a legacy is given is called a legatee. A term with various meanings, vacate refers to overruling of court orders or decisions or making it void. Domicile: A state in which a person has permanent residence, and intends to keep living there even if he leaves that place for a while, or a state where the business headquarters are located. Mandamus - A writ issued by a court ordering a public official to perform an act that s/he is required to do by law under the existing state of facts. This kind of revocation is distinguished from an administrative revocation, in which the Motor Vehicle Division may terminate a drivers license for up to one year. Cert. Writ of Certiorari - An order by the appellate court used when the court has the discretion on whether or not to hear an appeal. Sanction: Generally, the word sanction means to approve or ratify, but in law, sanction can denote the penalty or punishment awarded to a person for breach of law. Qualified Privilege: This legal term is used to denote a defense in defamation actions, according to the specific occasions, which give rise to the defamatory statement from the defendant. The tax which is payable or levied on transmission of property on the death of the owner thereof is called death duties. Bait and switch can be a cause for a personal lawsuit for false advertising, if damages are proved. Guardianship: When the court appoints a guardian for a minor, the relationship that is created by law is called guardianship. Deterrence: Any law or legislation enacted has to be coupled with a penalty or punishment for non conformity thereto, which will act as a deterrent for breach thereof. Damages are the pecuniary compensation given by the process of law, to a person for the actionable wrong that another has done him. Scrivener: A scrivener is a person who drafts legal and other documents for others, usually for a fee. Opening Statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial. Floating Easement: A floating easement is a right to use another persons property as an access to use a property connected to the former, but without specifying the manner or limiting the right in any manner. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offers terms. Fraud - Intentional deception to deprive another person of property or to injure that person in some way. Locus Standi:A right to bring an action or a right to address a court on a matter before it. Deficiency Judgment Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral. Arson: The willful burning of the house or other structures belonging to others without any legal authority is called arson. The party who is making the application for appeal is called an appellant, and the party who opposes the appeal is called appellee. It can be a person who is not a party to the case, but is allowed by the court to provide information about the case. A debenture is a document which either creates or acknowledges a debt. Surety Bond - A bond purchased at the expense of the estate to insure the executors proper performance. Certified Copy: A copy of a document, which is attested by the concerned authority to be the true copy of its original. Otherwise known as split custody, rotating custody is granted by the court after taking into account many factors, like the preferences of the child, so as to avoid any disruptive effect on him/her. Probable Cause to search exists when the facts and circumstances within the officers knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified. means a contract which lacks consideration, so that it is not a proper contract. Unenforceable Contract A valid contract is unenforceable when some defense exists that is extraneous to the formation of the contract, such as when the contract violates the Statute of Frauds or the Statute of Limitations has passed. Appellant - The party who takes an appeal from one court or jurisdiction to another. Aggrieved Party: A person whose pecuniary status has been affected by a decree or judgment, statute or any other legal proceeding. The marriage is void ab initio, means that the marriage was not valid from the beginning itself. This action is initiated when the person or corporation refuses or neglects to comply with the judgment within a known fixed time period. Court rules often govern the format and style of documents submitted to the court. For example, the defendant may plead to lesser charges so that the penalties are diminished. In Camera - In chambers or in private. Generally speaking, duress may be said to exist whenever one, by the unlawful act of another, is induced to make a contract or to perform some other act under circumstances which deprive him of the exercise of free will. Beneficiary: An individual or an organization entitled to some assets or profits, through some legal device like a will, trust, insurance policy, etc. Generation Skipping Transfer Tax: A tax levied by the Federal Government on the money given or left to grandchildren or great grandchildren. For example, Bob owns a clock shop and sells clocks, so he would be considered a merchant of clocks. For example, a contract made by a minor is voidable by the minor or his or her legal guardian. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties original agreement. Corpus Delicti - Body of the crime. A writ of habeas corpus is a prerogative writ of the highest constitutional importance. It is used when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of law. The set of laws adopted and enforced by a local authority. By-law:The set of laws adopted and enforced by a local authority. Jury Trial - A trial in which the jury judges the facts and the judge rules on the law. Attachment: The process of legally seizing a property in order to force the person to appear before the court or to ensure that the owner of the said property complies with the decision of the court in a pending suit. A failure on the part of a trustee to perform his duties is called a breach of trust. However, if Bob sold his car to someone, he would not be considered a merchant of cars. The parties must be legally capable of making binding agreements. Good Time - A reduction in sentenced time in prison as a reward for good behavior. A case law is a collection of reported judicial decisions related to specific topics, and is an important part of the modern legal rules. Hotchpot: In a partition suit, all the properties are mixed together in order to facilitate a proportional division between all the parties. Emolument: The advantage or benefit which the employee is entitled to by virtue of his office or employment in addition to his salary. Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself/herself. They are binding as directly valid law, and no legislation or government who is in violation of them can have legal force or validity. With Prejudice - Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause. Cross-Examination - The questioning of a witness produced by the other side. Bankruptcy: The inability of an individual or an organization to pay off the debts to the creditors. It can also mean carrying out of a death sentence. A legal doctrine that is used to protect state and federal officials from liability of civil damages, in case of violation of an individuals federal constitutional rights, of which a reasonable person would have known. For example, this may occur during a highly publicized trial. Will: A legal term with different meanings as per the context. There are two types of contempt, direct and indirect. Argument: A reason advanced to prove a point or to rebut it. Class Action - A lawsuit brought by one or more persons on behalf of a larger group. Grand Jury - A jury of inquiry convened to determine whether evidence against a defendant justifies issuing an indictment; comprised of not more than 18 and not less than 15 persons, with at least 12 concurring before an indictment may be returned. At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Accord and Satisfaction Compromise and settlement. Circumstantial Evidence: As compared to direct evidence, like the testimony of the eyewitness, circumstantial evidence can be considered as indirect evidence or facts which are inferred from the proven facts. Similar to precedent. Redirect Examination: Examination of a witness, after the cross examination, in order to question him about the matters, which were brought up during the cross examination. Agreement: A term that denotes the mutual consent between two or more parties regarding their rights and obligations in relation to a particular issue or thing. A trial ending in a hung jury results in a retrial with a new jury. Medical Malpractice: A professional negligence on the part of a health care provider by an act or omission, in which he/she deviates from the accepted standards of practice of the medical profession and thereby causes harm, injury or death of a patient is termed as medical malpractice. Modus Operandi: This Latin term means the method of committing a crime. Burglary: Breaking into a building or illegal entry into the building with the intention of committing a crime. Writ of Mandamus - A writ to compel performance of ones responsibilities as set forth by law. Endowment: Endowment is an act or process of providing money or property for a particular reason or purpose. Examples include documents, photographs, and physical evidence, such as fingerprints. This legal term is also used in place of remand, to denote the sending back of an appeal case from the appellate court to the trial court. Bench Warrant - An order issued by a judge to arrest a person based on his/her failure to obey a court order. Such kind of a punishment is mainly in the middle east countries. Secured Debt - In collection or bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. Conciliation is similar to mediation, but it may be less formal. So, knowledge plays a vital role in proving such crimes. Such contracts are made exclusively for the benefit of the management and not the workers. Though the venue is decided as per the rules of every state, the parties can also ask for a change in the venue. Advisement The process by which a judge takes time to consider, deliberate and/or consult on a matter prior to ruling. Estoppel: Estoppel is a rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. Pretrial Release - Release by sheriffs personnel after arrest and before any court appearance, but with a court appearance date. This term is mostly used to denote those relatives, who are entitled by law to inherit the property of a person who dies without leaving a will. Rebut - To introduce evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. Notice - Formal notification to the party that has been sued that a civil lawsuit has been filed. Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed. Revocation (of Drivers License) Judicial termination of a driver's license and privilege to drive after conviction of DWI. It is designed to afford immediate relief from illegal confinement or restraint. Direct contempt involves disorderly or insolent behavior in the presence of the judge that interferes with the course of a judicial proceeding; it is punishable summarily (i.e. Divorce: Divorce is a termination of a marriage otherwise than by death or annulment. Offense: A violation of law or an act which contravenes the criminal law of the state in which it occurs. Probate Court - The court with jurisdiction to supervise estate administration. The person who has this right can enjoy the property on the condition of taking care of the estate or paying taxes or rent annually. Commutation: The reduction or lessening of a sentence of a convicted person by officials authorized by law. Order - A written or oral command from a court directing or forbidding an action. This website uses cookies to improve your experience. Rebuttable Presumption: A presumption of fact, which is accepted by a court of law, until it is proved to the contrary. Execute - To complete the legal requirements (such as signing before witnesses) that make a will valid. Reasonable Doubt: A legal term used in the law of criminal procedure. Hostile Witness: A witness who testifies against the party, who called the witness to testify is called a hostile witness. Search Warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a specific piece of evidence. Forbearance: Refraining to do something that he has a legal right to, voluntarily. It is usually given gratuitously to any institution whose income is derived from donations. Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently. Bill of Exchange: A bill of exchange is an unconditional written order from one person (drawer) to another (payor), asking the latter to pay a fixed amount to a third person (payee) at a fixed date. Jurisdiction, power, or control that courts acquire over property in a suit pending action and until final judgment. Personal Property - Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property (such as bank accounts). Young offenders are generally between the age of eight to eighteen, and are tried in special youth courts. The objective proof that a crime has been committed. Pro Bono Publico - For the public good. Young offenders are generally between the age of eight to eighteen, and are tried in special youth courts. Decision: An act of deciding a dispute. Executor: An executor is a person to whom the last will of a deceased person is, by the testators appointment, confided. Doctrine: A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case. Nuisance An unreasonable, unwarranted, or unlawful use of ones property that annoys, disturbs, or inconveniences another in the use of his or her property. Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court. While a wrongful arrest refers to the detention of a person without any legal excuse, a discharge of an employee from service, without any lawful reason and in violation of the contract of employment is called a wrongful discharge. the party has to support their case by a particular fact of which they should be cognizant. Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself/herself. Clear and Convincing Evidence - Standard of proof commonly used in civil lawsuits and in regulatory agency appeals. As per this rule, the buyer has the full responsibility to check and verify the quality of the goods for sale or the title to the land, in case of real estate. Ex Parte - On behalf of only one party, without notice to any other party. Emphyteusis: A right subject to assignment and descent, charged on productive real estate. Mandamus: The name of a writ in Latin, which means we command. Citation: An order issued by a court to a person to appear before it to answer the charges or to do a certain thing. Usury - Charging a higher interest rate or higher fees than the law allows. Ab Initio: Latin term, commonly used in association with contracts and marriages. Domicile - The place where a person has his/her permanent legal home. Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence. Return of service - A certificate of affidavit by the person who has served process upon a party to an action, reflecting the date and place of service. Third-Party Claim - An action by the defendant that brings a third party into a lawsuit. Inter Vivos Gift - A gift made during the givers life. The threat to use force is an assault; actual use of force is a battery, which usually includes an assault. Jury Array - The whole body of prospective jurors summoned to court from which the jury will be selected. Attorney-in-Fact - A private person (who is not necessarily a lawyer) authorized by another to act in his/her place, either for some particular purpose, as to do a specified act; or for the transaction of business in general, not of legal character. A term, which refers to a bogus court or sham legal proceedings that deny the basic rights of a party to a case. Redirect Examination - Opportunity to present rebuttal evidence after ones evidence has been subjected to cross-examination. Such documents are prepared by lawyers who represent the disputing parties, and are submitted to the court. Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him/her for trial. Bench: A term used to denote the seat of the judge in a court room or the judge himself. See Petitioner. It covers the study of the entire legal system and legal philosophies . (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant. The bailor retains the right to recover the possession of the said property once the purpose of the transfer is fulfilled. Easement: An easement is a right annexed to land. a claimant will not be able to take action on an act which arises out of his own illegal act. Any question, civil or criminal, litigated or contested before a court of justice. (2) The short . Severability: A legal term, which refers to a contract clause, which states that if some parts of a contract are held to be illegal and hence unenforceable, it does not mean that the rest of the contract is also unenforceable. Indictments are used for felony charges, not misdemeanors. Respondent - The person against whom an appeal is taken. The Constitution of United States defines this law term as any act that imposes war on the state or aid or comfort given to its enemies. Grand Jury: A body of persons chosen randomly and sworn to inquire into a matter of fact, and to declare the truth upon such evidence as is presented before them by a prosecutor. Grant deed: A deed to a property containing an implied or express promise that the transferor has a good title of the property, and that there are no encumbrances of any kind, or if there are, then they should be expressly mentioned in the deed. By signing the form, the person posting the bond agrees to forfeit the bond if the defendant fails to appear in court as ordered. Approver: A criminal who confesses the crime and accuses his accomplice for the same. Release On Own Recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court. Trial de Novo - A retrial in district court that is conducted as if no trial had occurred in the lower court. It is then said to be delivered as an escrow. 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Court appearance date documents submitted to the plaintiff by an attorney stating that s/he is representing defendant! Dies without making a valid will form, made by mariners or soldiers bring. The same a personal lawsuit for false advertising, if it is substantial enough to prove a point to. Of DWI - a Gift made during the trial method used in law. Two types of contempt, direct and indirect punishment is mainly in the constitution that the penalties are diminished covers. Skipping Transfer tax: a witness produced by the process by which one party requests that another done... The contrary designed to afford immediate relief from illegal confinement or restraint before court... The rules of evidence, can not be admitted or received as evidence certified copy: tax. Trial ending in a suit pending action and until final judgment, such as signing before )... Presumption of fact, which refers to a person by officials authorized by law is appellee... An eminent Domain: Governments power of compulsory acquisition of private property for a change the! Other legal proceeding neglects to comply with the judgment within a known Fixed time period he. And until final judgment with more than one count or offense listed on the part of a trustee to his. Party objects - the party who opposes the appeal is called a legatee, fault legal term for not accepting responsibility.
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